Everything You Need to Know About Misdemeanors in Texas
If you’ve been charged with a misdemeanor in Fort Worth or anywhere in Tarrant County, it’s important to understand the ins and outs of the Texas criminal justice system. Misdemeanors are typically less serious than felonies, but they can still come with significant penalties, especially for some type of assault charges. Having an experienced Fort Worth criminal defense attorney on your side can make the difference between a conviction and a favorable outcome.
Cole Paschall Law will run you through everything you need to know about misdemeanors in Texas, from the types of charges you could face to how a defense attorney can help you. If you are facing misdemeanor charges in Tarrant County, call us at (817) 477-4100 for a free consultation.
What Is a Misdemeanor? How Is It Different from a Felony?
In Texas, a misdemeanor is defined as a crime that is punishable by up to one year in county jail and/or a fine of up to $4,000. By contrast, a felony is a more serious offense that is punishable by more than one year in state prison and/or a fine of more than $10,000.
Common Misdemeanor Classes (and What They Mean)
Before we jump into discussing some of the most common misdemeanor charges in Texas, it’s important to understand the different classes of misdemeanors. In Texas, there are three classifications for misdemeanors: Class A, Class B, and Class C.
1. Class A Misdemeanor
Class A misdemeanors are the most serious type of misdemeanor in Texas. They are punishable by up to one year in county jail and/or a fine of up to $4,000. Examples of Class A misdemeanors include driving while intoxicated (DWI) with a prior conviction and assault causing bodily injury.
In Tarrant County courts, Class A misdemeanor cases are taken seriously by prosecutors. A conviction stays on your criminal record permanently unless you qualify for expungement or an Order of Non-Disclosure.
2. Class B Misdemeanor
Class B misdemeanors are punishable by up to 180 days in county jail and/or a fine of up to $2,000. Common examples of Class B misdemeanors include possession of marijuana (2 oz or less), a first-offense DWI, and theft of property valued between $100 and $750.
Some cases like public intoxication and disorderly conduct may be punishable by either a Class B misdemeanor or a Class C misdemeanor, depending on the circumstances.
3. Class C Misdemeanor
Class C misdemeanors are the least serious type of misdemeanor. They are punishable by a fine of up to $500 with no jail time. Some common examples of Class C misdemeanors include minors in possession of alcohol, driving with an expired license, and simple assault by threat.
Examples of Misdemeanors in Texas
There are many different types of misdemeanors that Fort Worth criminal defense attorneys handle regularly. Here are the most common:
1. Assault
An assault charge is a misdemeanor in Texas if it is classified as a Class A, B, or C offense. Simple assault by threat is typically charged as a Class C misdemeanor, punishable by a fine of up to $500. However, if the assault causes bodily injury or is against a family member or dating partner, it can be enhanced to a Class A misdemeanor. Family violence assault charges carry additional consequences including loss of firearms rights.
2. Driving While Intoxicated (DWI)
A DWI charge can range from a Class B misdemeanor to a felony, depending on factors like your blood alcohol content (BAC) level and whether you have prior DWI convictions. A first-offense DWI with a BAC of 0.08% or higher is a Class B misdemeanor. A second DWI is enhanced to a Class A misdemeanor with a mandatory minimum of 30 days in jail.
3. Theft
Theft offenses can range from shoplifting to identity theft and are typically classified as either misdemeanors or felonies depending on the value of the property stolen. Theft of property valued under $2,500 is a misdemeanor in Texas.
4. Drug Possession
Possession of small amounts of certain controlled substances can be charged as a misdemeanor. Marijuana possession of 2 ounces or less is a Class B misdemeanor, and possession of small amounts of Penalty Group 3 or 4 drugs is a Class A misdemeanor. However, possession of any amount of Penalty Group 1 or 2 drugs (cocaine, methamphetamine, ecstasy) is always a felony in Texas.
5. Public Intoxication
Public intoxication is usually classified as a Class C misdemeanor, but it can be upgraded to a Class B misdemeanor if you become disruptive or cause danger to yourself or others.
6. Criminal Mischief
Criminal mischief is when someone intentionally or knowingly damages another person’s property without their consent. This offense covers a wide range of property crimes like vandalism, graffiti, and damaging someone else’s property. The severity of the offense determines whether it is classified as a misdemeanor or felony.
7. Probation Violation
If you are on probation for a misdemeanor offense and you violate the terms of your probation, you can face additional penalties including revocation of probation and jail time. Common violations include failing to report to your probation officer, leaving the state without permission, and being arrested for another crime.
Penalties Summary for Texas Misdemeanors
Here is a quick reference for misdemeanor penalties in Texas:
- Class A Misdemeanor: Up to 1 year in county jail, fine up to $4,000
- Class B Misdemeanor: Up to 180 days in county jail, fine up to $2,000
- Class C Misdemeanor: Fine only, up to $500 (no jail time)
Keep in mind that certain misdemeanors carry enhanced penalties. For example, a DWI with a BAC of 0.15% or higher is a Class A misdemeanor even on a first offense. Domestic violence convictions carry additional consequences including firearms restrictions and can be enhanced to felonies for repeat offenders.
How a Fort Worth Criminal Defense Attorney Can Help
If you have been charged with a misdemeanor in Fort Worth or Tarrant County, it is critical to have an experienced criminal defense attorney who can protect your rights and fight for the best possible outcome. At Cole Paschall Law, our team of Fort Worth criminal defense lawyers has experience handling all types of misdemeanor cases, from assault and DWI to theft and drug possession.
We build a strong attorney-client relationship by providing straightforward answers to all of your questions and keeping you updated throughout every step of your case. Don’t let a misdemeanor charge ruin your life. Contact us today to schedule a free consultation or call (817) 477-4100.
Frequently Asked Questions About Texas Misdemeanors
What is a Class A misdemeanor in Texas?
A Class A misdemeanor is the most serious type of misdemeanor in Texas. It is punishable by up to one year in county jail and a fine of up to $4,000. Examples include second-offense DWI, assault causing bodily injury, burglary of a vehicle, and possession of 2-4 ounces of marijuana. In Fort Worth and Tarrant County, Class A misdemeanor cases are handled in the Criminal Courts at the Tim Curry Criminal Justice Center.
Can a misdemeanor be expunged in Texas?
Yes, in some cases a misdemeanor can be expunged in Texas. You may be eligible for expungement if the charges were dismissed, you were acquitted, you completed a pretrial diversion program, or you were arrested but never charged. Certain misdemeanor convictions that received deferred adjudication may qualify for sealing through an Order of Non-Disclosure. An experienced attorney can evaluate your eligibility.
How much does a misdemeanor affect your life?
A misdemeanor conviction can have a significant impact on your life. It creates a permanent criminal record that appears on background checks, making it harder to find employment, housing, and educational opportunities. Some misdemeanors (like family violence convictions) carry additional consequences such as loss of firearms rights. If you are facing a misdemeanor charge in Fort Worth, hiring an experienced criminal defense attorney can help you fight the charges and protect your future.
What is the lowest misdemeanor in Texas?
The lowest type of misdemeanor in Texas is a Class C misdemeanor, punishable by a fine of up to $500 with no jail time. Examples include simple assault by threat, minor traffic offenses, disorderly conduct, and minors in possession of alcohol. While Class C misdemeanors don’t carry jail time, they still create a criminal record.
